Articles
Category: Workplace Investigations
University investigations and disciplinary proceedings against students
Australian universities and other educational institutions have powers to investigate allegations of ‘general’ and ‘academic’ misconduct by students.
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Privilege against self-incrimination
The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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When does workplace bullying constitute corrupt conduct?
The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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The Police disciplinary system
In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
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Being a workplace investigator is no job for a ‘wilting flower’
A Fair Work Commission decision delivered on 4 March 2020 comments on what it takes to be a workplace investigator. In Boyle v BHP Coal, Mr Boyle, an employee of BHP, made a joke to some of his colleagues which became subject of a workplace investigation.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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New federal whistleblower laws related to companies
Whistleblowing laws in Australia extend beyond the public sector. A range of new protections for whistleblowers has recently been introduced in respect of complaints made about corporate conduct in Australia.
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Workplace investigations involving criminal allegations
When allegations of misconduct in the workplace involve criminal behaviour, some different considerations arise compared to other workplace investigations.
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The rights of employees under workplace investigation
If you are being investigated for alleged misconduct in the workplace, you have various rights that have to be met by your employer, and any investigator retained by your employer.
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6 tips for employers conducting workplace investigations
Allegations of workplace misconduct may involve suggestions of professional rule violations, workplace misbehaviour such as sexual harassment or misuse of resources, or even criminal conduct such as fraud or stealing.
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